Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-11-16

plausible excuse for mere than two tracks is the
alleged necessity OF using the public thorough
lareS In accommodating the immense freight bus =
ness OF tne company. Railroad corporations ordi.
themselves-the Baltimore and Potomac Company,
BY appropriating the public streets. There is not
single expression In any OF the acts OF incOrpOr
alton from which this power may be Inferred, even
by the most liOeral construction OF such act Such
uses OF these thorOughfareS are en- rely ncOnsist-
ent with the theory OF their dedication as open
public streets or ways, over and along which the
pubic have right to pass, at any and at all
times, either by vehicle or on foot at their free
will and pleasure.
THE ALEXANDRIA AND WASHINGTON.
Grants to the Alexandria and Washington Rail-
road Company-This company was Incorporated
under an act OF the legislature OF Virginia. passed
February %, 1854. BY the third section or the act
OF Incorporation 1t was provided shat the said
company shall not permit the said road to pass
into the exclusive possession or any corporation
without the limits OF the Commonwealth OF Viz
ginia."
BE- the act OF Congress OF March 3, 1863 Q2th
STATS p. 800, this company was authorized 10 lay
single track up Maryland avenue to the Capitol
grounds; thence across Pennsylvania avenue along
Isl street and Indiana avenue. and thence to the
Baltimore and OHIO depot, on New Jersey avenue
and street northwest. 1t was to be subject to
such restrictions in regard to the use and construc-
ton OF said road as the municipal auvnOrltieS
might from time to time establish. No mention
Is made In any operative act OF Congress about
the right OF this company to establish Its depotS
in this city.
An ordinance OF the corporation or washington
passed on the oath OF Nay, 1866, requires this
company to erect permanent and commodious
station house and freight and passenger depot on
Maryland avenue, between 18th and 10Th streets
southwest and at no other points I'm the city OF
Washington Your committee Is advised that
there was no authority OF Congress authorizing
the municipal authOriti OF Washington TO adopt
such an ordinance as this.
A few years prior 70 the war a railroad was laid
from the north end OF the Long Bridge TO the Bal
timore ana OHIO depot During the war IL was
USED principally by the Government authorities
VINO restored II 10 the company after the war was
over. The Alexandria and Washington company
W the Ba6rr ana r 5Ro t syts un soms
time In 1877 or 1873, when the link between the
Baltimore ana OHIO depot and 9th street south
west was torn up.
While the war was in progress the United States
authorities built a freight depot on square No.
1856, ana erected platform on Maryland avenue
between 9th and l0ta streets, which was used for
loading ana unloading troops and munitions OF
war The Government also occupied small frame
building at the west eud or the pubic space on the
east emu OF square 3oS for Office purposes in con-
nection with the railroad After the war tha
United states turned over possession OF the railroad
and or al buildings appertaining thereto, to one
Joseph stewart, secretary OF the Alexandria and
washington company. BY that company 1t was,
Tor time, leased 10 the Orange railroad, which
operated the road for six months, or little more.
No mention Vas made in this lease of square 2s6.
although IL was, and is STILL used oy the railroad
company as a sort OF 5quatter possession.
The lease, not proving satisfactory, was an
nulled, and the road and its franchises were re-
stored 10 the Alexandria and Washington Com
pany.
About he time the Baltimore and Potomac Com
pany began 10 run It's trains down Maryland ave-
nue., July =, 1872. tie stockholders OF the Aexan-
dr1a and washington Company transferred their
stock TO one Shoemaker, aud IL was by min trans
Ierred 10 the Pennsylvania Railroad Company.
No act OF Congress has been found authorizing
the Baltimore and Potomac Railroad Company TO
lay or maintain tracks on Maryland avenue be-
tween 9th and 9th streets southwest. II such
authority exists II must be by virtue OF transfer
from the Alexandria and Washington Company OF
exclusive control or the Baltimore and Potomac
Company, presumably by purchase from the Alex
andfla and washington Company or its successor.
whether or not the Transfer was so made as not to
violate the prohibition In the original cnarler OF
the Alexandra and Washington Company against
allowing It's franchises to pass into the ercitsue
possession OF any corporation without the Com
monWealth or virginia, your committee has been
unable 10 discover.
THE USE OF THE STREETS.
second: Authority to use tine streets for freight
yard and storage purposes-Both the Baltimore
and Ohio and the Baltimore and Potomac Railroad
Company use the streets more or less for the ma rk
Ing thereon OF empty and loaded cars when not
actually In use, but against such uses, made by
the Baltimore ana OHIO Company, no complaints
have been preferred 10 the courts. The Baltimore
and Potomac Company, however, have found 1t
convenient and economical TO establish their
principal frelgnt deliveries on Maryland and Vir-
! GINA avenues. Most OF the business OF the COM
pany, wuich should properly De conducted In
freight yards, sucn as unloading freight, storing
and shifting cars, and making up trains is done
on these avenues. This Is a sore trial to persons
living along the line OF them. AS many rs forty,
probably more. OF the property owners thus ar
fected have brought suit for damages resulting TO
them from such misu,es OF these streets Every
Case OF the kind which has been tried on its merits
has resulted in a judgment for the plaintir
In the trial OF one vi these cases some years ago
Mr.. Sharpe, then superintendent OF the Baltimore
and Potomac Co.. admitted that 90 feet had been
taken out OF The middle Of these avenues and de-
voted exclusively 10 railroad purposes. The public
streets SO appropriated are Virginia avenue from
| LIST 10 9TH streets southwest; the pubic space
at the intersection or Maryland and Virginia
| avenues between eth and 9th streets SOUTH
| east and Maryland avenue from 9th to l3H
| streets southwest. In other words In the SOUTH
i OF the pubic streets and grounds are Oc-
cupled exclusively by this railroad company for
It's own purposes. Some OF this public properly is
used not only Tor the storage Of cars but also for
tine storage OF old rails, lies, paving stones and
other heavy freight. Not less than Lwenty-seven
streets are thus 0bstructed at grade crossings in
the southern section III the city alone.
membranes OF streets also exists to consid-
cradle extent la the northeast section OF the city,
and In that section the Baltimore and Ohio road
and us Metropolital Branch cross at least twenty
1ve streets al or near grade; twenty OF which, at
least, could be avoided the JudiccuS location OF
| the line OF that road
iaid In the pubic streets, not for purposes OF
travel but for convenience OF storage and for other
business mat should DO transacted on land owned
| not only grevous annoy ance TO property-Owpers
ana 70 persons residing near the points lnus en-
| cioacned upon, buc the st0ppage OF fire engines
may ut some time, prove very disastrous to prop,
erty interests. Besades, the constant shifting Of
ears across intersecttng streets makes II danger
Maryland and Virginia avenues, and other streets
A. sucn Intersections either by vehicle or on foot
Many serious accidents have occurred at these
more, the constant SiocEsdina Of these avenue
Snosrs tne fansportAtson OF freight, coming 70